In this installment of our look at employment laws by state, we review Virginia and what employers need to keep an eye on, which includes the E-Verify labor law posting.
Virginia planned to increase the state’s minimum wage on Jan. 1, 2021. But the economic impacts of COVID-19 prompted the state to delay the increase until May 1, 2021.
Still, with the new rate now in effect, Virginia has joined several states with a minimum wage above the federal rate of $7.25. However, the minimum wage for tipped employees in Virginia remains at the federal level, $2.13.
Today, the standard minimum wage in Virginia is $9.50, with scheduled increases set for Jan. 1 each year:
2022 – $11
2023 – $12
2025 – $13.50
2026 – $15
After 2026, increases will be indexed.
Employers should also note that Virginia adopted a new training wage effective May 1, 2021. Under the new law, employers may pay employees in a training program 75 percent of the minimum wage for the first 90 days while training as long a certain conditions are met.
Meanwhile, Virginia in late March passed a new wage and hour law, set to take effect July 1 this year.
It requires employers to calculate the rate for hourly non-exempt workers as “the hourly rate of pay plus any other non-overtime wages paid or allocated for that workweek,” eliminating exclusions under the Fair Labor Standards Act, divided by the total number of hours worked in that workweek. Learn more about the Virginia Overtime Wage Act here.
The amended legislation in Virginia specifically notes additional protections for “traits historically associated with race, including hair texture, hair type, and protective hairstyles such as braids, locks, and twists.”
Virginia recently legalized recreational marijuana.
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